Gonzales v. Spearman

Filing 16

ORDER Suspending Briefing Schedule and Directing Petitioner to Amend Petition Within Thirty (30) Days re 15 signed by Magistrate Judge Sheila K. Oberto on 12/16/2016. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GABRIEL GONZALES, 12 Petitioner, 13 14 v. No. 1:16-cv-01224-AWI-SKO HC ORDER SUSPENDING BRIEFING SCHEDULE AND DIRECTING PETITIONER TO AMEND PETITION M. ELIOT SPEARMAN, Warden, 15 Respondent. (Doc. 15) 16 17 On December 1, 2016, Respondent filed an ex parte motion, requesting that the Court 18 order Petitioner to file a complete petition, that the scheduling order be suspended pending receipt 19 of an amended petition, and that a new schedule be ordered following submission of an amended 20 petition. In support of his motion, Respondent advised the court that the 24-page petition, as 21 filed, omitted hand-numbered pages 1, 9, 13, 15, and 21. 22 The Court has reviewed the petition as submitted to the Clerk to determine whether the 23 missing pages resulted from a scanning error by the Court and determined that the pages were 24 missing from the petition that Petitioner submitted to the Court for filing. As a result, the Court 25 will grant Respondent’s motion to permit Petitioner to submit an amended petition including all 26 pages. 27 /// 28 1 1 Accordingly, it is hereby ORDERED: 2 1. Within thirty (30) days of this order, Petitioner shall submit to the Court for filing an 3 amended copy of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, including all 4 pages (pages 1 through 24). In the alternative, Petitioner may file with the Court a sworn 5 statement that, despite the nonconsecutive numbering of the petition, the petition is complete as 6 filed. 7 2. The briefing schedule set forth in the Order Requiring Respondent to File A Response 8 (Doc. 5) is suspended. Following Petitioner’s submission of an amended petition or statement 9 that the petition may proceed as originally filed, the Court shall issue an amended Order Setting 10 Briefing Schedule. 11 12 13 IT IS SO ORDERED. Dated: December 16, 2016 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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